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### SERVED: October 15, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF JOSEPH D
..BARBERA FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013- 1083
ORDERENTERING DEFAULT JUDGMENT AGAINST RESPONDENT The Docket Management System (hereinafter "DMS") reflects the following pleadings inthis case: Joseph D. Barbera (hereinafter "Barbera") filed a Request for Hearing dated 24 February 2014. The Federal Aviation Administration (hereinafter "FAA") filed a Complaint dated 6 March 2014. Barberafiled a Letter dated 10 March 2014 outlining dates ofavailability. We served our Procedural Order on March 25, 2014. FAA filed a Motion to Deem Allegations Admitted and to Dismiss Appeal on 18 April 2014. We served an Order Denying Agency Motion for Decision on May 5, 2014.



### 1FAA filed a Motion for Reconsideration ofDenial ofMotionto Deem Allegations Admitted and to Dismiss Appeal dated 6 May 2014. Within that motion is a Motion for Decision (SummaryJudgment) and Motion to Extend Discovery Deadline. We served an Amended Procedural Order on May 7, 2014. FAA filed Complainant's Motion to Strike Response to Motion for Summary Judgment and Response to Respondent's Motion to Compel Discovery dated 12 June 2014. Neither ofBarbera's pleadings referred to in FAA's 12 June 2014 motion is in DMS nor were they servedonthe court. We served our Order on Complainant's Motions on July 10, 2014 extending discoveryuntil October 1, 2014. FAAfiled Complainant's Motion for Clarificationto the ALJ's 'Orderon Complainant's Motions' dated 15 July 2014. According to pleadings filed in DMS, Barberahas failed to Answer the Complaint; failed to respond to ourProcedural Order served March 25, 2014; failed to Answer FAA'sMotionto DeemAllegations Admitted and to Dismiss Appeal dated 18 April2014; failed to Answer FAA'sMotion for Reconsideration ofDenial ofMotion to Deem Allegations Admitted and to Dismiss Appeal, Motion for Decision (Summary Judgment) and Motionto Extend Discovery Deadline dated 6May 2014; failed to respondto ourAmended Procedural Order served May 7, 2014; failed to Answer FAA's Motionto Strike Response to Motionfor Summary Judgment and Response to Respondent's Motionto Compel Discover and Motionto Extend Discovery Deadline dated 12 June 2014; nor Answer FAA'sMotion for Clarification to the ALI's Orderon Complainant's Motions dated 15 July 2014.

2We issued a Show Cause Order on September 9, 2014, instructing Barbera respond to pleadings on orbefore October 1, 2014. Barberahas failed to do so. WHEREFORE, the Agency's Motion for Judgment onthe Pleadings havingbeen read and considered, itbe and is hereby ORDERED as follows: 1. Respondent's Request for Hearingbe and is hereby DISMISSED with prejudice; and 2. Respondentbe and is hereby DEEMED to have admitted to all ofthe allegations in the Agency's Complaint; and 3. The Agency's Motion for Judgment on the Pleadings be and is hereby GRANTED; and 4. Respondentbe and is hereby assessed a civil penalty in the amount of$1,100 against Respondent as requested in Agency's Complaint.

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List

3SERVICE LIST ORIGINAL & ONE COPY Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001
Joseph D. Barbera, Respondent 14706N.E. Erickson Dr. La Center, WA 98629-4405 TEL: NOT PROVIDED FAX: NOT PROVIDED David F. Shayne, Complainant's Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Ave., S.W. Renton, W A 98057 TEL: 425-227-1847 FAX: 425-227-1007 ONE COPY

The Honorable Richard C. Goodwin,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJerseyAvenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-1083 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 4